E NEY GENE-I.
EXAS

Honorable Theophllus S. Painter, President The University of Texas University Station, Austin, Texas

Dear Sir: OpinionNo. O-7091 Re: Whether or not the Board of Regents‘of the University of Texas can legally expendmoney from the Available University Fund for the purposes set out herein.

We have your request of July 8, 1946, which reads as follows:

"Yourdepartment in OpinionNo:~O-4510; addressed to the President of The University of'Texas; held in effect that the Board of Regentsof~The University of Texas had the authority"toacquire property by conveyance from the United States Govern&t to' be used as a site for an oceanography laboratory on the Gulf of Mexico.
"TheUniversity now expects to acquire title to this property In the near future tionsistlng of approximately eleven acres of land on Mustang Island fronting on the Gulf of Mexico near~the'town of Port Aransas to be'used as a site for'a 'tirineor oceanography laboratory. There is~ now lbti~atizd

bn~said premises an old buil.dIng fornierlg'usea'as

isfield office by theUnited States Army Engineers, and'the conveyance from~the Government is to include these improvements.

_ "Assumingthat the Board of Regents of The*University of Texas does acquire title'to~this'property, togetherwith the 'improvementssltuat6d thtireon, will you' please advise me whether 'oriiot'the Regents could legally expendmoney from the AvCiilable'Uhivei%ity'Fund for the purpose of repairing,remodellng~and improving saidbuilding now on said premises‘ fbr~%hk purpose of housing a laboratory for the study~of~ marine science or oceanography in connectionwith courses of study given in The University of Texas at Austin, Texas.Hon. Theophilus S. Painter,page 2 O-7091

"Furthermore,will you please advise me whether or not the Regents can legally expendmoney from the AvailableUniversity Fund for the purposes of erecting
new bulldings and other improvementson said slte for the purpose of a marine'laboratory In connectlonwith study and research of oceanography 'or marine science, the results of which study and research is to be used in connectionwith instructionand study of',:co;rses given at the Main University at Austin, Texas.

We believe that the answer to'bothyour questions is determinedby Article 2592,V.A.C.S., applicableportions of which
we quote:
"TheBoard ofRegents of the University of Texas and the Board of Directors of the-AgriculturalAndy Mechanical College,of Texas shall;with the approval of the Legislature, expend the Available University Fund for the construction of buildings on the campuses of thelr respective institutions'ahdfor the extension and improvementof their campuses'and for the equipment of buildings thereon In the proportions and amounts hereinafter indicated; * * * *II
Whether this statute is deemed mandatory or merely di-' rectory, it stronglynegatives the idea that any improvementsmay be made on the land in question out of the AvailableUniversity Fund, and we are unable to find such authority elsewhere. Of course,money8 from such fund can be secured through proper legislation.
Therefore,we must answer both your questions In the negative.
Very truly yours
ATTORNEY GENERAL OF TEXAS

By s/Woodrow Edwards Woodrow Edwards Assistant WE-bw-WC

APPROVED JULY 24, 1946 s/w.V.Geppert , (Acting)ATTORNEY GENERAL OF TEXAS Approved Opinion Committee By s/A.L.W. Chairman